Metro Manila, Philippines – Former President Rodrigo Duterte has formally asked the International Criminal Court (ICC) to disqualify Chief Prosecutor Karim Khan from further participating in the case against him, citing a “grievous conflict of interest” that allegedly undermines the integrity of the proceedings.
The redacted filing, submitted on August 7 and made public by the Appeals Chamber, accuses Khan of abusing the criminal process and failing to disclose his prior legal representation of individuals claiming to be victims of Duterte’s controversial anti-drug campaign.
“Chief Prosecutor Karim Khan… failed to disclose a grievous conflict of interest and must now, immediately and without delay, be disqualified,” stated Duterte’s legal team, led by British barrister Nicholas Kaufman.
Kaufman argued that Khan’s former role as a victims’ representative in the Philippines before joining the ICC in 2021 presented an “irreconcilable” conflict. He said Khan’s prior involvement compromises his ability to oversee an impartial and fair investigation into the same drug war victims he once represented.
The filing further asserts that Khan’s continued participation would “contaminate” the case, particularly as the confirmation of charges hearing is scheduled for Sept. 23. According to the defense, Khan should be barred from any future role in the case “should he surmount his current difficulties,” referring to his self-imposed leave amid unrelated misconduct allegations.
“There is nothing to suggest that Mr Khan has sought a waiver from the victims that he had formerly represented,” the submission noted, highlighting a potential violation of prosecutorial obligations under the Rome Statute.
The appeal cites Article 42(7) of the Rome Statute, which mandates that a prosecutor must be disqualified from a case if their impartiality might “reasonably be doubted,” including instances where they had previous involvement in the same or a related case.
While much of the document remains redacted for confidentiality, it points to Khan’s undisclosed prior actions and legal representations, which the defense claims he only acknowledged in March 2025 — years after the investigation into Duterte had begun.
“A fair and informed observer could reasonably perceive bias,” Kaufman argued, asserting that Khan’s delayed disclosure undermines confidence in the prosecution’s impartiality.
Khan, who took office in June 2021, resumed the ICC’s probe into alleged crimes committed during Duterte’s presidency despite receiving a deferral request from the Philippine government. The investigation led to a warrant for Duterte’s arrest in March 2025, followed by his surrender to the ICC.
The request for disqualification is now pending before the ICC’s Appeals Chamber, which is tasked with determining whether Khan’s past actions constitute a breach of the court’s ethical and legal standards.
